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2011 (3) TMI 1445 - GUJARAT HIGH COURTImport of regrind polycarbonate - payment of demurrage charges- requirement of licence - held that:- since the petitioners have succeeded before the Tribunal and the confiscation as ordered by the Commissioner of Customs has been set aside, the Department must take on the liability of meeting the demurrage charges of the custodian. The petitioner company would, therefore, be entitled to reimbursement of the warehousing charges paid by it on account of wrongful confiscation by the customs authorities. As observed in the aforesaid decisions, to hold otherwise would be unjust to the petitioners who have met with success in their litigations with the Department. The Department shall be liable to bear the warehousing charges amounting to Rs. 93,622/- which has been paid by the petitioners and as such, the petitioners would be entitled to reimbursement of the same.
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